The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-07-13
ACQUITTED OF MURDER.
WILLIAM j. PRENTY's TRIAL AND
MEDICATION.

]
Sherman Bacon Was Accidental
Solicitor General DuBignon Does Not
Ask for a Verdict OF Murder-The
Defendant Acquitted on His Own
Unsupported Statement.
The trial of William J. Prenty for the
murder Of Sherman Bacon took place in the
| Superior Court yesterday Some time was ex-
pended in selecting jury, but the box was
finally filed and Solicitor General duBignon
opened the case. The witnesses for the State
were three who gave different testimony of
the circumstances attending the shooting
which occurred in Umbach's store, on
the Louisville road, on May %. In
the main their testimony was
that there were several negroes
in the store at the time, and one or two Of
them had treated to the drinks Prenty
said TO Jake Woods: 'Now, Jake, it's your
time TO treat" Some conversation followed
| that. and Prenty picked up and cooked the
shotgun and leveled it at Woods, who
knocked it aside as Prenty pulled the trig-
gers. Both barrels went off and the charges
passed through the water cooler and struck
Bacon.
THE DEFENDANTS STATEMENT.
The defense had no witnesses, but Prenty's
counsel, NJ. A. OByrne, Esq and r. D.
Rockwell, ESQ, placed him on the stand and
relied on his statement He said that about
5 o'clock in the morning he and a negro
named Tom Moore went out to
into the field. The negro had taken
a revolver and he the shotgun. Both loads
of the gun, and three from the revolver
were discharged at the COW. He and Moore
then returned and began to open the store.
The gun was placed in the corner and he
thought no moreof it, as he was busy with
his work. He did not know that it had been
loaded, and thought that Moore must have
taken it out in the yard and loaded it.
About 1890 O'Clock Bacon came into the bar
where Jake Woods, James Houston, and
several other negroes We're Prenty told
Jake Woods that it was his turn to treat.
Just then Bacon asked to see a
large pistol that was living
| back of the counter, and he Prenty) picked
| up the gun and said that it was a better
weapon than the pistol. He did not cock
the gun nor touch the triggers, but was
| handing it to Bacon over the counter. The
muzzle was near Woods, who struck the
| gun with his hand and knocked it back
against the counter. He thought the trig-
| gers must have struck the woodwork back
of the counter for both barrels went off,
and the charges passed through the cooler
| and entered BaconS side. He ran to the
| yard and started to saddle the horse to go
| for adOctor, but crowd of negroes collected
about the place, and wanted to lynch him
| MIR Umbach then sent him to a room up
stairs and made him stay there until he got
a wagon and some men to go with him, and
he drove Prenty into the city and turned
! him over to Magistrate, who sent him to
| Jail where he has been ever since.
| THE ARGUMENTS,
In his speech to the jury Mr. duBignon
| said that he did not believe Prenty was
| guilty of murder, and did not ask for YER
| dict of murder, but he thought it was clear
| from the evidence that Prenty was guilty
of involuntary homicide while in the COM
mission of an unlawful act, viz: that of
| pointing gun at another person.
AS the defense had put up
no witnesses it was entitled
to the closing argument which was
made by Mr. Rockwell, who i'll answer to
Mr.. duBignon argued that Prenty did not
point the gun at Woods, but was only hand
ing it to Bacon, but even if he had pointed
! it at Woods, the instant Woods knocked the
| gun aside Prenty ceased to be engaged in an
unlawful act for he ceased TO be pointing it
| at anyone, and as the gun was discharged
| after Woods had knocked it away, the shoot
| ing was done after and not during the COM
mission OF an unlawful act.
| during Mr.. ROcEWelIS argument he cited
an authority and thereby gave Mr. duBig
non the right to follow him, which Mr..
duBignon did, answering, however, only
the authority cited, which was a ruling
on involuntary homicide
The jury remained out only short time
and brought in verdict of not guilty.
BIASED JURY.
The case would probably never have come
to trial if it had been possible to get fair
Coroner's jury at the inquest. The place
| where the shooting occurred is given over
almost entirely to the negroes, and it is
| seldom that a white face is seen in that
locality, The negroes were very much in
ceused over the killing, because Prenty was
white and Bacon black. Without consider
ing the merits of the case they collected to
the number of about 200 and would
undoubtedly have lynched Prenty if
they could have got him. Eleven of
the coroner's jurymen had to be selected
from this mob, but Justice Molina, who
conducted the inquest, did succeed in get
ting one white man to act as the twelfth.
1t did not take the eleven moment to make
up their minds as to the nature of the case,
as they were ready for verdict of murder
before the testimony was taken, but the
white man dissented from that verdict and
even there proclaimed his belief of Prenty's
innocence of murder